For a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first. In my opinion, the hardest thing is making the first call to an Attorney and talking about your options in regards to how to prove alcoholism in divorce. We understand that this can be overwhelming, but we pride ourselves on providing you with the knowledge and ease you need to make the best decision for your family and for yourself. If you are seeking to divorce your alcoholic spouse, we are happy to help you in any way we can. Divorcing an alcoholic can be financially challenging, especially if your spouse has been spending money on their addiction. It’s important to work with a skilled lawyer who can help you develop a strategy for protecting your assets and ensuring that you receive a fair settlement.
Gather all needed evidence
Jurisdictions vary in their treatment of alcoholism as grounds for divorce. They may experience codependency or be severely affected by the instability and conflict that alcoholism brings into the family dynamic. I feel terrible for this couple because alcohol addiction is a tricky disease that causes so much conflict and pain, and destroys marriages and lives. A person living with an alcoholic can feel love and compassion and feel like they want to help so badly, and then after a bad night have so much hatred and anger and disgust for the same person.
Depending on the jurisdiction, it can be contested or uncontested, with varying degrees of complexity. Divorce aims to resolve the legal status of the marriage and ensure fair arrangements for both parties and any children involved. It may lead to money issues if they miss work or spend too much on alcohol. Children might end up taking on responsibilities they shouldn’t have. Tools like Soberlink can be a compass in this journey, providing reassurance of your children’s safety and maintaining transparency during your spouse’s parenting time.
Divorcing An Alcoholic: Legal Considerations
When going through a divorce with an alcoholic spouse, property and asset division can become a complex and sensitive issue. It’s important to understand the legal considerations involved and address the financial consequences that may arise. It’s crucial to provide the court with clear and compelling evidence that supports your claims regarding the best interests of the children. This evidence can include documentation of alcohol-related incidents, witness testimonies, and professional evaluations. By demonstrating that the children’s safety and welfare are at risk due to the alcoholism, you increase the likelihood of the court making decisions that prioritize the children’s well-being. Giving up on an alcoholic spouse is justified when you’ve tried everything to help them, and they aren’t willing to commit, or when you can’t take care of yourself or your family anymore.
- As a spouse and parent, putting alcohol as your priority will make a person financially and emotionally unavailable for this spouse and children.
- So long as you stay with your alcoholic spouse, you’ll be sharing the responsibility for those bad decisions.
- The divorce process may also come with related challenges, like whether you should reach out to ensure that your soon-to-be-ex is doing alright.
- It’s natural to feel angry or frustrated, but it’s important to remember that alcoholism is a disease that requires treatment.
- There, residents can file for divorce citing “irreconcilable differences” without demonstrating fault.
Divorcing an Alcoholic: How to Navigate the Process?
Protective orders are typically granted in cases of domestic violence or when there is a threat of violence. ” may express how you feel, but it’s likely to be a loser strategy for regaining your spouse’s affection. Guilting your partner into returning will just win back—if it wins anything—a depressed, “I hate being here again” spouse. That’s not a good alternative, nor a good strategy to stop a divorce in the long term. You need to know that your experience with an alcoholic spouse is traumatic and damaging to you and your children. Living with an alcoholic partner often means facing a daily barrage of emotional challenges.
During this initial What is Powdered Alcohol and is it Dangerous conversation, a representative will ask questions about your loved one’s drug history, health, insurance information and more. From there, they will discuss treatment options and can schedule a date for admission, sometimes within hours of speaking to a representative. The Recovery Village Cherry Hill at Cooper often accepts same-day enrollment in our treatment programs.
Many of the ways to prepare yourself are the same, whether you’re dealing with alcohol abuse or not. Check out our leaving your husband checklist and how to leave your husband with no money for the basic details. A lot of alcoholics slip under the law enforcement radar, and that can make proving alcoholism challenging. The witnesses to my father’s alcoholism were his immediate family and the waitresses who cut him off. The hiddenness of alcoholic behavior puts even more pressure on you to create a record.